| 1 | Representative Burgin offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Remove line 476 and insert: |
| 5 | Section 11. Effective October 1, 2009, paragraph (c) is |
| 6 | added to subsection (2) of section 320.0609, Florida Statutes, |
| 7 | to read: |
| 8 | 320.0609 Transfer and exchange of registration license |
| 9 | plates; transfer fee.-- |
| 10 | (2) |
| 11 | (c) If a retail sale by a licensed independent motor |
| 12 | vehicle dealer results in the transfer of a registration license |
| 13 | plate, a temporary tag shall be issued and displayed during the |
| 14 | time that the application for transfer of such registration |
| 15 | license plate is being processed unless the department's records |
| 16 | reflect that the transfer has occurred. However, this paragraph |
| 17 | shall not apply to independent motor vehicle dealers that are |
| 18 | owned by principals that also hold a franchise motor vehicle |
| 19 | dealer license in this state. This paragraph is repealed June |
| 20 | 30, 2010. |
| 21 | Section 12. Effective July 1, 2010, subsection (8) is |
| 22 | added to section 320.0609, Florida Statutes, to read: |
| 23 | 320.0609 Transfer and exchange of registration license |
| 24 | plates; transfer fee.-- |
| 25 | (8)(a) When the owner of a vehicle transfers a |
| 26 | registration license plate to a replacement or substitute |
| 27 | vehicle acquired from a motor vehicle dealer licensed under this |
| 28 | chapter, the dealer shall timely provide to the department, via |
| 29 | an electronic system administered by the department for this |
| 30 | purpose, information regarding the transfer which is required by |
| 31 | the department. The dealer shall also give the owner written |
| 32 | notice documenting the transfer if the dealer cannot timely |
| 33 | provide the required transfer information to the department due |
| 34 | to system or connectivity problems. The dealer shall maintain |
| 35 | all records required by the department which must be open to |
| 36 | inspection by the department or its agents during reasonable |
| 37 | business hours. The dealer may charge the vehicle owner a fee to |
| 38 | comply with this subsection. The department may charge a fee of |
| 39 | $2 to be deposited into the Highway Safety Operating Trust Fund |
| 40 | for each transfer in addition to any other fee imposed by law. |
| 41 | (b) A dealer is not required to comply with paragraph (a) |
| 42 | if the department's records are otherwise modified on the date |
| 43 | of transfer to reflect that the transfer has occurred. |
| 44 | (c) The department has authority to adopt rules pursuant |
| 45 | to ss. 120.536(1) and 120.54 to administer this subsection. |
| 46 | Section 13. Effective October 1, 2009, paragraph (m) is |
| 47 | added to subsection (1) of section 320.131, Florida Statutes, to |
| 48 | read: |
| 49 | 320.131 Temporary tags.-- |
| 50 | (1) The department is authorized and empowered to design, |
| 51 | issue, and regulate the use of temporary tags to be designated |
| 52 | "temporary tags" for use in the following cases: |
| 53 | (m) For a retail sale by a licensed independent motor |
| 54 | vehicle dealer when an application for the transfer of a |
| 55 | registration license plate is being processed. This paragraph is |
| 56 | repealed June 30, 2010. |
| 57 |
|
| 58 | Further, the department is authorized to disallow the purchase |
| 59 | of temporary tags by licensed dealers, common carriers, or |
| 60 | financial institutions in those cases where abuse has occurred. |
| 61 | Section 14. Except as otherwise expressly provided in this |
| 62 | act, this act shall take effect July 1, 2009. |
| 63 |
|
| 64 |
|
| 65 |
|
| 66 |
|
| 67 |
|
| 68 |
|
| 69 | ----------------------------------------------------- |
| 70 | T I T L E A M E N D M E N T |
| 71 | Remove line 35 and insert: |
| 72 | amending s. 320.0609, F.S., relating to the transfer and |
| 73 | exchange of registration license plates and transfer fees; |
| 74 | requiring that a temporary tag be issued and displayed during |
| 75 | the time that an application for a transfer of a registration |
| 76 | license plate is being processed; providing exceptions; amending |
| 77 | s. 320.131, F.S.; authorizing the department to issue temporary |
| 78 | tags for the time that an application for a transfer of a |
| 79 | registration license plate is being processed; amending s. |
| 80 | 320.0609, F.S., relating to the transfer and exchange of |
| 81 | registration license plates and transfer fees; requiring a |
| 82 | licensed motor vehicle dealer to provide certain required |
| 83 | information via an electronic system to the department when the |
| 84 | owner of a vehicle transfers a registration license plate to a |
| 85 | replacement or substitute vehicle acquired from the dealer; |
| 86 | providing that the electronic system shall be administered by |
| 87 | the department; requiring the dealer to give the owner written |
| 88 | notice documenting the transfer if the dealer cannot provide the |
| 89 | required transfer information to the department under certain |
| 90 | circumstances; requiring the dealer to maintain certain records; |
| 91 | providing for the dealer and the department to charge a fee; |
| 92 | providing for exceptions; authorizing the department to adopt |
| 93 | rules; providing effective dates. |